Maciej Berek, whom the Sejm elected to justice the Constitutional Court on 4 September, announced on Wednesday that he would present to president Karol Nawrock a legal position concerning the work to take a vow from him.
Berek referred in TVP Info to reservations about his professional experience. He explained that the pursuit of the profession of legal counsel is confirmed in the authoritative records kept for representatives of that profession.
If anyone around the president wanted to, that's the kind of paper he'd find. I introduced them, explained them, they are publically available said on air.
According to the justice elected by the Sejm, the problem arises from the fact that the President's Office does not have the powers to let it to conduct additional proceedings in this case. Berek argued that the President, acting as a public authority body, could only take specified action as is authorised by the regulations. In his opinion, there is no procedure in place to let the president to abstain from taking his vows only to verify certain information himself.
No invitation?
Another position is presented by the President's Office. Her spokesperson Rafał Leśkiewicz announced on Wednesday that Karol Nawrocki would not invitation Berk to take a vow at the Presidential Palace until he received papers confirming his professional career as an active lawyer. As he explained in an interview with Polish Radio, the law firm asked for evidence confirming Berk's experience in the legal profession.
The issue of traineeship is crucial due to the requirements for candidates to the Constitutional Court. Under the law, applicants for the position of justice of the Constitutional Tribunal should have at least a ten-year practice in the legal profession.
At the same time, Berek announced that he would address the president with a formal legal position in which he would set out his argument on the work to take his oath. He declared his willingness to take an oath within the time, place and form indicated by the head of state.
The dispute over his candidacy has been going on since last week. The President's Office then asked the Chancellery of the Sejm to clarify the circumstances related to the formal procedure of Berk's candidacy. Zbigniew Bogucki felt that there were very serious concerns about whether Berek truly had the required period of practice as a legal advisor.
